Article
Judicial Enforcement of the Establishment Clause
Journal Articles
Document Type
Article
Publication Date
1-1-2008
Disciplines
Publication Information
25 Const. Comment. 273 (2008-2009)
Abstract
This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.
Citation Information
Richard W. Garnett. "Judicial Enforcement of the Establishment Clause" (2008) Available at: http://works.bepress.com/richard_garnett/27/
Reprinted with permission of Constitutional Commentary.